Case Note & Summary
The High Court of Gujarat at Ahmedabad, presided over by Honourable Mrs. Justice M. K. Thakker, delivered a common oral judgment on 16/01/2026 in a batch of civil applications seeking condonation of delay in filing First Appeals. The lead application was Civil Application No. 5657 of 2025, filed by the Superintending Archaeologist against Hirabhai Laxmanbhai (since deceased through heirs) and others. The applications sought condonation of a delay of 718 days in challenging the judgment and decree dated 31.07.2023 passed by the learned Principal Senior Civil Judge, Bhachau, District Kutch, in Land Acquisition Reference (LAR) No. 20 of 2017 and allied matters. The learned advocate for the applicant, Mr. Ankit Shah, submitted that the certified copy of the impugned judgment was applied for on 23.08.2023 and delivered on the same day, but due to administrative procedures and the need to obtain sanctions, the appeal could not be filed within the limitation period. The learned advocate for the respondents, Mr. Jigneshkumar Nayak, and the learned Assistant Government Pleader opposed the condonation, arguing that the delay was inordinate and not sufficiently explained. The court, after hearing both sides, observed that a liberal approach is required for government departments and that the delay was sufficiently explained. The court condoned the delay subject to the applicant paying costs of Rs. 15,000 per application to the Gujarat State Legal Services Authority. The court directed that the costs be deposited within four weeks and that the First Appeals be registered and heard on merits.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - Government Department - The applicant, Superintending Archaeologist, sought condonation of 718 days delay in filing appeal against land acquisition award. The court held that a liberal approach is warranted for government departments, and the delay was sufficiently explained due to administrative procedures. The delay was condoned subject to costs of Rs. 15,000 per application. (Paras 1-10) B) Land Acquisition - Reference under Section 18 - Compensation Enhancement - The impugned judgment dated 31.07.2023 enhanced compensation for acquired land. The applicant challenged the same, and the court condoned the delay to allow adjudication on merits. (Paras 2-4)
Issue of Consideration
Whether the delay of 718 days in filing the First Appeal should be condoned on the ground of sufficient cause, considering the applicant is a government department.
Final Decision
The delay of 718 days is condoned subject to payment of costs of Rs. 15,000 per application to the Gujarat State Legal Services Authority, to be deposited within four weeks. The First Appeals to be registered and heard on merits.
Law Points
- Condonation of delay
- Sufficient cause
- Liberal approach for government departments
- Section 5 of Limitation Act
- 1963
- Delay of 718 days condoned
